COUNTY OF INYO SUBDIVISION

Transcription

1 COUNTY OF INYO SUBDIVISION ORDINANCE

2 TITLE 16 - SUBDIVISIONS TABLE OF CONTENTS Chapters: Title and Purpose General Provisions Definitions Standards and Design Tentative Maps Condominiums Survey Requirements Final Map and Parcel Map Dedications Improvements and General Requirements Bonds and Deposits Certificate of Compliance Parcel Merger Modifications Appeal Violations

3 Chapter Sections: Short Title Purpose TITLE AND PURPOSE Short Title This title shall be known as the Inyo County Subdivision Ordinance Purpose The purpose of this Title is to provide procedures and standards governing the design, improvements and survey of subdivisions in Inyo County. Its purpose is to promote the orderly development of the land within the unincorporated area of the County; to protect purchasers and land owners; to prevent circumvention of existing subdivision, zoning and building ordinances and regulations; and to insure the reservation of adequate streets for vehicular traffic and adequate access to land so divided; to assure compliance with the sewer and water ordinances of the County; and to avoid danger and expense to the public through adequate control and regulation of surface drainage; and to provide for the local administration of the State subdivision Map Act as embodied in Division 2, Title 7 of the Government Code, commencing with Section PAGE 1

4 Chapter GENERAL PROVISIONS Sections: Authority for Local Regulations Prohibition of Sale, Lien or Lease Transaction Voidable Authority for Local Regulations Pursuant to the provisions of Division 2, Title 7 of the Government Code referred to in this Title as the Subdivision Map Act and in addition to any other regulations provided by law, the regulations hereinafter contained in this Title shall apply to all subdivisions hereafter made of land within the limits of Inyo County and each subdivision map shall be prepared and presented for approval as hereinafter provided for Prohibition of Sale, Lien or Lease A. No Person shall sell, lease or finance any parcel or parcels of real property, place a mortgage, deed of trust or other lien upon or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map, parcel map or certificate of compliance is required by this Title, until such map or certificate of compliance thereof in full compliance with the provisions of this Title has been filed for record by the Recorder of the County in which any portion of the subdivision is located. Nothing shall be deemed to prohibit an offer or contract to sell, lease of finance real property or to construct improvements thereon where such sale, lease or financing or commencement of such construction, is expressly conditioned upon the approval and filing of a final map, parcel map or certificate of compliance, as required by this Title. B. Subsection A of this section does not apply to any parcel or parcels of a division of land offered for sale, lien or lease, contracted for sale, lien or lease, or sold, mortgaged, liened, or leased, in compliance with or exempt from any law PAGE 2

5 (including this title or any other ordinance of this County) regulating the design and improvement of such divisions in effect at the time the division was established; or to any parcel or parcels of a record of survey approved prior to September 17, 1965, that has been duly filed with the Inyo County Recorder. Neither this section nor any other portion of this Title applies to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building or commercial building, or trailer park, or to mineral, oil or gas leases Transaction Voidable A. Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this Title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this Title, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or devisee. B. Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this Title, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of this Title and against any successors in interest who have actual or constructive knowledge of such division of property. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law. PAGE 3

6 C. This Title does not bar any legal, equitable, or summary remedy to which any aggrieved local agency or other public agency, or any persons, firm or corporation may otherwise be entitled, and any such local agency or other public agency, or such person, firm or corporation may file a suit in the superior court of the County in which any real property attempted to be subdivided or sold, leased or financed in violation of this Title is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this Title. PAGE 4

7 Chapter DEFINITIONS Sections: Definitions Generally Advisory Agency Appeal Board Approved Record of Survey Map Block Board of Supervisors Building Site Certificate of Compliance Chapter Community Apartment Project Condominium Condominium Conversion County Engineer County Surveyor Final Map Interested Person Lot Lot, Key Ordinance Pad Parcel Map Section Shall and May Stock Cooperative Streets Subdivider Subdivision Subdivision Committee Subdivision Map Act Tentative Map Definitions Generally Except as otherwise provided in this chapter, all terms used in this Title which are defined in the Subdivision Map Act are used in this Title as so defined, unless from the context hereof it clearly appears that a different meaning is intended; the singular number PAGE 5

8 includes the plural and the plural the singular; other terms used are defined as follows in this chapter Advisory Agency The Inyo County Planning Commission is charged by the Board of Supervisors with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements of conditions, thereon, and having the authority by local ordinance to approve, conditionally approve or disapprove tentative maps and certificates of compliance Appeal Board The Inyo County Board of Supervisors Approved Record of Survey Map A map prepared as was provided in the Subdivision Map Act prior to September 17, 1965, for approval by the Board of Supervisors, of subdivisions as defined therein, which were excepted from, or not included in, the definition of subdivision in the Subdivision Map Act, including all maps that were referred to in subdivisions (b) and (c) of Section of the Subdivision Map Act as it then existed Block An area of land within a subdivision which area is entirely bounded by streets, highways, or ways, except alleys; or by streets, highways or ways, except alleys, and the exterior boundary or boundaries of the subdivision Board of Supervisors The Board of Supervisors of the County of Inyo, State of California Building Site A parcel or lot of land containing not less than the prescribed minimum area required by the Inyo County Zoning Ordinance or other applicable local ordinances existing at the time of creation of the lot or parcel and occupied or intended to be occupied by buildings or structures Certificate of Compliance A document recorded in the County Recorder s Office describing real property which the Planning Commission has determined complies with the provisions of this Title and of the Subdivision Map Act. PAGE 6

9 Chapter A chapter of this Title Community Apartment Project Joint ownership of the land by the various owners with an exclusive right to occupy a given dwelling unit Condominium Joint ownership of the land by the purchasers with ownership of a defined area of air space where the dwelling unit is located as more fully defined in the California Civil Code Condominium Conversions A process or effect of transferring ownership of a building from residential units to a condominium in accordance with appropriate law. Condominium conversion, as used in this chapter, shall mean the conversion of existing units to condominiums County Engineer The Inyo County Road Commissioner County Surveyor The Inyo County Surveyor Final Map A map which is designed to be filed in the County Recorder s Office showing divisions of land as described in Section of the Subdivision Map Act Interested Persons Any person adversely affected by reason of a decision of the Advisory Agency Lot A parcel of land Lot, Key A lot with the side line coinciding with the rear lot line of one or more other lots Ordinance An ordinance of the County Pad A building site prepared by artificial means, including grading, excavation or filling or any combination thereof. PAGE 7

10 Parcel Map A map showing divisions of land as described in subdivisions (a), (b), and (c) of Section of the Subdivision Map Act Section A section of this Title Shall and May Shall is mandatory; May is permissive Stock Cooperative Ownership of the land and buildings by a corporation, tenants own shares of stock and thus are entitled to an exclusive right to occupy a dwelling unit, or they lease a dwelling Streets A. Four Lane Arterial: A major highway or a major divided highway as shown in the Inyo County Road Department Standard Specifications. B. Two Lane Arterial (Secondary Highway): Secondary highway as shown in the Inyo County Road Department Standard Specifications. C. Major Collector: A collector street as shown in the Inyo County Road Department Standard Specifications. D. Freeway; A thoroughfare designed for through traffic with no crossings at grade or access from abutting property and which provides for the movement of traffic in opposite directions on either side of a dividing strip and further defined in Section 23.5 of the Streets and Highway Code of the State. E. Residential (Local or Minor Collector): A residential street as shown in the Inyo County Road Department Standard Specifications. F. Service Road; A street adjacent to a major or secondary highway, freeway or parkway, separated therefrom by a dividing strip and providing ingress to and egress from abutting property. PAGE 8

11 Subdivider A person, firm, corporation, partnership, or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers" Subdivision The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section of the Business and Professions Code, or the conversion of five or more existing dwelling units into a stock cooperative, as defined in Section of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, agricultural purposes means the cultivation of food or fiber or the grazing or pasturing of livestock Subdivision Committee A committee to act in an advisory capacity to the Planning Commission. It consists of the following members of their duly authorized representatives: 1. The Director of Planning 2. The County Surveyor 3. The County Engineer 4. The County Health Officer 5. The Building Inspector 6. The County Assessor Subdivision Map Act Division 2 of Title 7 (commencing with 66410). PAGE 9

12 Tentative Map A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. Tentative map shall also mean a Vesting Tentative Map as defined in the California State Map Act and include the provisions of Chapter 4.5 of the California State Map Act. A Vesting Tentative Map shall also be identified at the time of submission for approval. PAGE 10

13 Chapter STANDARDS AND DESIGN Sections: Standards Generally Streets and Highways Major and Secondary Highway-widths and Alignments Major Collector Local Streets-widths Dead-end Streets Boundary Line Streets Private Streets Intersection Angle and Block Cutoff Grade Separation Curve Radius Grades of Streets and Highways Alleys Street and Alley Arrangement Street Names Future Streets Easements Approved Access Block Length Block Width Lot Size Lot Design Lot Sideline angle Lot Frontage Lot Area and Frontage Exceptions Reserve Strips Drainage Requirements for Design Soils Report Standards Generally Each subdivision and the map thereof shall conform with the following standards set forth in this chapter Streets and Highways The map shall show the side lines of each street, the total width of each street, the width of the portion being dedicated, and the widths of existing dedications. The widths and locations of adjacent streets and other public properties shall be shown. If any street in PAGE 11

14 the subdivision is a continuation, or approximately a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing street shall be accurately shown. Whenever the County Surveyor has established the centerline of a street or alley, the data shall be shown on the final or parcel map. All streets, as far as practicable, may be required to be in alignment with adjacent streets or their proper projections and shall be in general conformity with the most advantageous development of the area affected by such subdivision Major and Secondary Highways-Widths and Arterials Each major or secondary highway shall conform in width to the Standard Specifications of the County Road Department and the Inyo County General Plan or any modification thereof approved by the Advisory Agency Major Collector Each street designated as a major collector street shall conform in width to the Standard Specifications of the County Road Department and the Inyo County General Plan or any modifications thereof approved by the Advisory Agency Local Streets-widths Each street extending from one major or secondary highway to another and all other streets in such subdivision, except major or secondary highways, shall have a width of not less than sixty feet (60') and a roadway width of not less than forty feet (40'); provided that where, in the opinion of the Advisory Agency, the type of adjacent development or other economic factors renders it advisable, streets less than two blocks in length or one thousand two hundred feet, whichever is shorter, in residential districts may have a lesser width but not less than fifty-six feet (56') and a roadway width of not less than thirty-six feet (36') Dead-end Streets Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved without turnarounds. In all other cases, turnarounds having minimum radii of fifty feet, with curb radii of thirty-eight feet shall be provided except where extraordinary conditions make a strict enforcement of this rule impracticable. PAGE 12

15 Boundary Line Streets Any land intended to be a part of the ultimate width of a future street or highway, or any road easement therefor, lying along and adjacent to any boundary of the subdivision, shall have such a width as will conform to the designated lines. Subject to all of the provisions of Section , any land intended to be a part of the ultimate width of a highway or street, or any road easement therefore, lying along and adjacent to any such boundary, shall have a width not less than one half of the full width required for any such highway or street by the provisions of said section unless special conditions of alignment require some other width Private Streets A. With approval of the Advisory Agency, any street or highway which is intended to be kept physically closed to public travel or at all times posted as a private street may be shown as a private street. In any such case, the final map or parcel map shall contain an offer of dedication of such private street. A plan and profile of any such street as required by Section must accompany the final map or parcel map. The side lines of private streets shall be shown in broken lines and the area of the private streets shall be shown as a part of the lots adjacent to the private streets. B. Where the subdivider files a final map or parcel map, all private streets shall meet the requirements prescribed by this Title for public streets. C. All private streets within the county shall be posted as private streets Intersection Angle and Block Cutoff Any highway or street intersecting any other highway or street shall intersect at an angle as near a right angle as is practicable. At street intersections which include major or secondary highways, intersecting at an angle of approximately ninety degrees, the block corner shall be rounded at the property line by a radius of not less than twenty feet. At intersections of other streets the radius shall be not less than fifteen feet. An optional method of a diagonal cutoff may be used, provided the dimensions thereof do not reduce the visibility, sidewalk width or curb radius obtained by the above specified radii. The curb radius may be required to conform to the radius of existing corners at the same intersection where such radius is greater than fifteen feet. Streets intersecting at any PAGE 13

16 angle other than ninety degrees shall have sufficient radius or cutoff to provide the same results as to traffic movements, visibility and design as provided by the foregoing requirements of this section Grade Separation Wherever any highway within a division of land intersects any railroad right-of-way and such highway is designated as a major or secondary highway and provision is made for the location of a separation of grades at such intersection, the street layout of the division of land shall be such as to conform to the plan of such a separation. Each lot abutting upon a proposed cut or fill necessary for the approach to such grade separation shall be given suitable access elsewhere. Wherever it is proposed to divide property abutting an approach to an existing or proposed bridge, the street layout shall adequately provide for such approach and the division shall be arranged so that any lot abutting such approach has suitable access elsewhere Curve Radius No street or highway shall be approved with a centerline curve radius of less than one hundred feet unless sufficient evidence is offered to the County Engineer by the subdivider which shows that the one hundred foot radius is not practicable. All centerline curve radii on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval by the County Engineer Grades of Streets and Highways No street or highway shall have a grade of more than seven percent nor less than half percent unless, because of topographical conditions or other exceptional conditions, the County Engineer determines that a grade in excess of seven percent is necessary Alleys Alleys at least twenty feet in width, or other adequate off-street loading facilities shall be required in the rear of all lots used or intended to be used for business purposes. In other cases the provisions for alleys shall be optional with the subdivider; provided that such alleys shall be not less than twenty feet in width. Where two alleys intersect, a corner cutoff of not less than ten feet measured from the point of intersection along the side line of the alley shall be required. PAGE 14

17 Street and Alley Arrangement The street and alley arrangement shall be such as the Advisory Agency may determine will cause no undue hardship to owners of adjoining property when they subdivide their land and adequate and convenient access to adjoining property shall be required Street Names Each street which is to be dedicated, which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative map shall be submitted to the County Engineer for his approval, and if such name is not a duplication of or so nearly the same as to cause confusion with the name of any existing street located in the county, or in close proximity thereto, and if such name is appropriate for a street name, such name shall be approved by him Future Streets Wherever the Advisory Agency determines that a street is necessary for the future division of property as shown on the tentative map or for adjoining property, but that the construction of such street is not warranted, the advisory agency may require the location, width and extent of such street shall be shown on the final map or parcel map as a future street and offered for dedication. No improvement of such future street shall be required of the subdivider Easements Where the provisions of Section have been modified and where underground conduit system is not provided by the owner in public streets, easements not less than six feet in width shall be provided within the subdivision for public utilities purposes on each side of rear lot lines and along side lot lines where necessary. A four foot by forty foot easement for public utilities may be required at all rear line angle points. Easements for water mains shall be provided as required under Section Easements of lesser width may be permitted when approved by the Advisory Agency and serving utilities. The side lines of all easements shall be shown by fine dotted lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature PAGE 15

18 thereof and its recorded reference must appear on the map. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto in order to definitely locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated by the map, it shall be set out in the owner s certificate of dedication. All notes and figures pertaining to easements shall be considerably smaller and lighter than those relating to the subdivision itself. The County may require the subdivider to remove or trim any trees or brush lying within an easement or right-of-way Approved Access A. Each parcel created by any division of land shall be provided with a means of vehicular access as provided by this section. For the purposes of this section, onsite access refers to a road easement for vehicular access which is located within the boundaries of the land division, and off-site access refers to a right-of-way for vehicular access which is located outside the boundaries of the land division, and is not an improved or maintained public street or highway. A parcel has approved access when either of the following conditions apply: 1. The parcel has frontage on an improved or maintained public street or highway or on approved off-site access which connects with a public street or highway; 2. The parcel has frontage on a road easement for on-site access as shown on an approved map, and such road easement connects directly or by means of approved off-site access with an improved or maintained public street or highway. B. Road easements for on-site access shall be located so as to provide for future development of parcels adjacent to them. On-site road easement shall be a minimum sixty feet in width; except that road easements peripheral to the land division shall be minimum thirty feet in width; when in the opinion of the PAGE 16

19 Advisory Agency, topography permits future widening of the road easement within a contiguous property. C. Off-site access shall be an easement, for road purposes recorded in the office of the County Recorder, having a minimum width of thirty feet on one side of a normal section breakdown line or title line or a minimum of forty feet in other locations and an alignment which is defined and is topographically feasible for the passage of vehicles Block Length Blocks shall not exceed one thousand three hundred feet in length between street lines, except where topographical conditions or previous surrounding layout require longer blocks that justify or require a variation from this requirement Block Width The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this Title unless the surrounding layout, lines of ownership, or topographical conditions justify or make necessary a variation from this requirement Lot Size For subdivision purposes the minimum lot size shall be the same as shown in Title 18 of this Code (Zoning Ordinance). See Title 18 for minimum lot sizes Lot Design The Advisory Agency, in considering the design of a proposed subdivision, shall take into consideration the character of the land and improvements in the neighborhood, the character of the land to be subdivided and the improvements proposed by the subdivider and the general effect upon the neighborhood of the proposed subdivision. Lot design shall meet the standards as shown in Title 18 of this Code. Lot frontage on cul-de-sacs shall be a minimum of forty feet (40') Lot Sideline angle In all cases where practicable, the side lines of lots shall be at an approximate right angle to the street upon which such lots front. PAGE 17

20 Lot Frontage The alignment of streets shall be such as to provide frontage for lots in the division of land except as provided in section Lot Area and Frontage Exceptions No lot shall be divided by a city boundary line or tax area code boundary. Each such boundary line shall be made a lot line Reserve Strips Reserved strips controlling the access to streets or other public rights-of-way from adjoining property will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, and in no case except in which the control and disposal of the land comprising such strips are placed definitely within the jurisdiction of the County under conditions approved by the Advisory Agency Drainage Requirements for Design A. Runoff design shall be made for the frequency of occurrence hereinafter stipulated in these standards of modified rational methods using basic data in accordance with the requirements set forth in the standard specifications for public improvements. Runoff design shall accommodate the full and future developments within the drainage area. In cases where such drainage areas are underdeveloped, fully improved conditions shall be determined for future conditions as indicated in the general plan and by the zoning ordinance. Any outlet channel required to carry storm water from the proposed subdivision to a defined drainage channel or conduit shall be in accordance with these standards for the ultimate stage of development in the drainage area resulting from the particular subdivision. B. Primary drainage channels and conduits shall have sufficient capacity to contain a one hundred year frequency of occurrence runoff. C. Minor drainage channels or conduits shall have sufficient capacity to contain a fifty year frequency of occurrence runoff, including undefined overflow originating within the tract or adjacent thereto. PAGE 18

21 D. Storm waters within street areas shall be placed in closed conduits when the maximum depth of in-gutter runoff computed in accordance with the provisions of the specifications exceeds five inches at the gutter. E. Proposed subdivision shall not cause inundation or flood hazard conditions of existing inhabited areas. F. Drainage shall be accomplished by gravity without surcharge into catch basins or manholes except by design. G. Catch basins shall have inlets of varying lengths so designed that the water is diverted into the catch basin without a reversed direction of the flow of the water. The inlets shall be designed in accordance with the standard specifications for public improvements of the County Engineer. H. Drainage channels, conduits and appurtenances shall meet the approval of the County Engineer Soils Report A preliminary soils report shall be prepared pursuant to Section of the Subdivision Map Act by a civil engineer registered in this state for every subdivision for which a final map is required. The preliminary soils report may be waived by the Advisory Agency where that Agency determines due to the knowledge it has as to the qualities of the soils of the subdivision no preliminary analysis is necessary. PAGE 19

22 Chapter TENTATIVE MAPS Sections: Tentative Maps Submission of Tentative Map and Accompanying Data Tentative Map Preparation Tentative Map Fees Revised Tentative Map Fee Map Number Size and Scale Matters Required Action on Tentative Map Written Reports to Subdivider Tentative Map Approval Tentative Maps All tentative maps shall be prepared and processed in accordance with this Chapter Submission of Tentative Map and Accompanying Data The Tentative Map and Accompanying Data shall be submitted to the Planning Department. The information to be submitted is contained on the application form obtained from the Planning Department. The Planning Department shall indicate the date of filing upon all copies of the Tentative Map and accompanying data, and thereafter shall transmit one copy of the map to each of the following: County Subdivision Committee members, the affected school district(s), the public utilities serving the area, the District Engineer of the State Division of Highways (if a State of Federal highway is affected), and any Special Districts or other public agencies affected Tentative Map Preparation A tentative subdivision map shall be prepared by a registered civil engineer or licensed surveyor. PAGE 20

23 Tentative Map Fees At the time of submission, the person submitting a Tentative Map shall pay a filing fee. The amount of the filing fee for Tentative Maps shall be set by a resolution of the Board of Supervisors Revised Tentative Map Fee If, subsequent to the approval of a tentative map by the Advisory Agency, the subdivider submits a revised Tentative Map as a substitute for the Tentative Map therefore approved, he shall pay a fee equal to one-fourth (¼) of the filing fee required for the filing of an original Tentative Map Map Number A. Before submitting a Tentative Map for a division of land, the subdivider shall obtain a map number for such division. Numbers for subdivision maps and parcel maps shall be assigned by the County Planning Department. B. When a map number has been assigned for a division of land, the subdivider shall place the number upon each tentative, final or parcel map of the division and the number shall not thereafter be changed or altered in any manner upon any such map of the division unless and until a new number has been assigned Size and Scale Each Tentative Map shall be eighteen inches by twenty-six inches (18" X 26") or any approved multiple thereof and shall be drawn to such a scale as to clearly show the details of the plan thereon; but in no case shall be less than one inch equals one hundred feet unless previously approved by the Planning Department Matters Required The Tentative Map shall show and contain the following matters as an aid to the Advisory Agency in its consideration of the design of the division of land: A. The map number as secured from the County Planning Department; B. Sufficient legal description of the land as to define the boundaries of the proposed division of land; C. Name and address of the subdivider; PAGE 21

24 D. Name, business address and registered engineer s number or licensed surveyor s number of the registered civil engineer or licensed surveyor who prepared the Tentative Map; E. Name and address of record owner(s); F. A vicinity map; G. The locations, names and existing widths of all adjoining highways, streets or ways; H. The location, name, width and approximate grades of all highways, streets and ways within the proposed division of land; I. The widths and approximate locations of all existing or proposed easements (whether public or private) for roads, drainage, sewage and public utility purposes; J. Approximate radius of all curves; K. The approximate lot layout and the approximate dimensions of each lot; L. Size of the smallest lot in the subdivision; M. Approximate boundaries of all areas subject to inundation or storm water overflow and the locations, widths and directions of flow of all watercourses; N. Source of water supply; O. Proposed method of sewage disposal; P. Statement of present zoning and proposed use(s) of the property; Q. Proposed public areas, if any; R. Contours (2' minimum unless previously approved by the Planning Department); S. Date, north point and scale; T. Number for each lot; U. Approximate location of each area covered by trees with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way; PAGE 22

25 V. Existing use or uses of the property and the approximate outline, to scale, or any existing buildings or structures including wells, septic systems, sewer laterals, etc. and their locations in relation to existing or proposed street and lot lines; Provided, however, that if it is impossible or impracticable to place upon the Tentative Map any matter hereinabove in this section required, such matter or information shall be submitted with such map; W. Each existing street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined; X. If the subdivision committee finds that a geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, a written report stating how the geological conditions will affect the proposed development may be required. The report shall be prepared by geologist experienced in engineering matters; Y. In a division of land consisting of a condominium project as defined in Section 1350 of the Civil Code or a community apartment project as defined in Section of the Business and Professions Code, the Tentative Map shall show the general location of all buildings and other structures to be erected, including means of access thereto (See Chapter 16.24); Z. Plan and easements for drainage and for handling storm water; AA. Statement of the improvements and public utilities proposed to be made or installed; BB. In a subdivision which may reasonably be expected to be resubdivided in whole or in part at some future time, there shall be shown in dotted lines on the Tentative Map a plan of future street extensions with special consideration given to drainage. PAGE 23

26 Action on Tentative Map A. Within a period of not more than fifteen (15) days from the receipt of a copy of any such Tentative Map, each office or department to which such copy has been transmitted shall file with the Advisory Agency their approval of such Tentative Map, or a report showing what changes are necessary to make such Tentative Map conform to the requirements of this Title coming within the jurisdiction of such office of department. B. The Advisory Agency shall conduct a public hearing in accordance with Section of the California Government Code and review the recommendations of the departments. If satisfied with the design of the subdivision, the Advisory Agency shall approve the map within fifty (50) days after the filing of the map unless such time is extended by agreement with the subdivider. If the Advisory Agency is not satisfied with the design of the subdivision, it shall disapprove or conditionally approve the map within said time. C. In the event that such tentative map is disapproved or conditionally approved, the Advisory Agency shall return to the subdivider a statement of the reason for its action and a statement of what changes would be necessary to render the map acceptable. A copy of the aforesaid statement shall remain permanently in the files of the Advisory Agency, and one copy of the statement shall be sent to the departments and agencies in Section D. At time of approval, the Advisory Agency shall designate the improvements which will be required under the provisions of Section before filing of the final map or parcel map. E. Nothing herein contained shall be construed to prohibit the filing of different tentative maps for the same property regardless of whether the first one has been approved and optional tentative maps may be filed at the same time. Each additional tentative map shall be charged for as required in Section PAGE 24

27 Written Reports to Subdivider Any reports or recommendations on the map of any subdivision submitted to the Advisory Agency or Board of Supervisors shall be in writing to the subdivider prior to final action on the map or maps by the Advisory Agency or Board of Supervisors. Such required submission in writing is satisfied when such reports or recommendations are placed in the mail directed to the subdivider at his designated address and bearing the proper postage Tentative Map Approval The approval or conditional approval of a Tentative Map shall be for two years. Upon written application, the Advisory Agency may grant extensions not exceeding three one year periods. The amount of the filing fee for a time extension shall be set by a Resolution of the Board of Supervisors. PAGE 25

28 Chapter CONDOMINIUMS Sections: Intent and Purpose Construction and Conversion Procedures Design Criteria Intent and Purpose These condominium regulations are intended to provide criteria and guidelines for condominium construction and conversions as defined herein. The standards include parking, open space, light and air, and pedestrian and vehicular traffic circulation and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the surrounding community, of a pleasing and desirable character and to harmonize with adjacent residential use Construction and Conversion Procedures Construction or conversion to condominiums, stock cooperatives or community apartment projects shall be subject to the following: A. The approval of a Conditional Use Permit, pursuant to Title 18 of the Inyo County Code shall be required. B. An application for a Tentative Map shall be submitted for approval in accordance with established requirements. A site plan and floor and elevation plans also shall be submitted for review and approval. C. The subdivider shall give notice not less than sixty (60) days prior to filing of the Tentative Map to all prospective tenants pursuant to Section (a) of the Subdivision Map Act. D. Covenants, conditions and restrictions (CC&R s), incorporating the conditional use permit as non-amendable, shall be submitted to the Planning Department for County Counsel review and approval by the Planning Commission prior to filing of the final map. PAGE 26

29 E. The developer shall submit a property report describing the age and condition of each of the following elements of each structure situated within the project proposed for conversion: foundations, exterior walls, fire walls, roof, stairways and exits, interior insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety provisions, security provisions, interior comon or public areas, landscaping and trash control. Such report shall be prepared by a licensed civil engineer or an architect registered in California, and shall provide methods and costs for the correction or improvement of any deficiencies noted. Two copies of the required report shall be submitted, one each to the County of Inyo Planning Department and the Building and Safety Department. F. The developer shall submit a structural pest report for each structure situated within the project proposed for conversion. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code, relating to written reports on the absence or presence of wood-destroying pests or organisms, and shall provide methods and costs for corrective work for both accessible and non-accessible areas. G. Approval of a Certificate of Occupancy shall be required for any such conversion. Subsequent to submission and approval of the report required in paragraph 5 and upon receipt of an application for receipt of occupancy, the building official shall cause an inspection to be made of all buildings and structures in the proposed condominium, community apartment project, or stock cooperative. The building official shall prepare an inspection report, identifying all items not in conformance with the current County Building, Electrical, Wiring, Mechanical and Plumbing Codes, and any additional equipment or facilities he determined to be deteriorated or hazardous. The developer shall repair, replace or add equipment or facilities determined to be in violation of current County Codes. In addition to all other fees and changes required, an inspection fee shall be paid to PAGE 27

30 the County Building and Safety Department for the required inspection. This fee shall be set by a Resolution of the Board of Supervisors. H. The developer shall provide a schedule of proposed improvements which shall be made to the project prior to their sale. I. All tenants then occupying the proposed conversion site shall be notified of the public hearing before the Planning Commission. A list of tenants shall be supplied by the applicant. If permit for conversion is approved the developer shall provide each tenant a preemptive right in writing (copy to County) to purchase a unit of exclusive occupancy on the same terms as offered for sale to anyone else. Such right shall be irrevocable for a period of ninety (90) days after the commencement of sales of the issuance of the final public report by the Real Estate Commissioner. It is recognized that tenants who purchase may be temporarily displaced during construction. J. In addition to the above requirements, no application for a condominium conversion project shall be accepted for any purpose unless the application includes the following: 1. A development play of the project including: a. The location, height, gross floor area and proposed uses for each existing structure to remain and for each proposed new structure; b. The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, curb cuts and open storage areas; c. The location, height, and type of materials for walls, fences and trash enclosures; d. The location of all landscaped areas and the type of landscaping; e. The location and size of the parking facilities to be used in conjunction with each condominium unit; PAGE 28

31 f. The location, type and size of all drainage pipes and structures shown or described to the nearest public drain or watercourse; g. The location and type of nearest existing fire hydrants and/or new fire protection system where required by the local authority having jurisdiction; h. The location, type and size of all on-site adjacent street overhead utility lines; i. A lighting plan of the project; j. Existing and proposed exterior elevations; k. The location of and provisions for any unique natural and/or vegetative site features and l. Wood or fuel storage areas when wood stoves or fireplaces are proposed or existing. 2. Copy to Buyers: The subdivider shall provide each purchaser with a copy of all reports ( in their final, acceptable form) along with the Department of Real Estate white report, prior to said purchaser completing an escrow agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall be posted as approved by the County of Inyo Design Criteria All such condominium construction or conversions shall be subject to the following, unless waived or modified as a part of the Conditional Use Permit, and the burden shall be on the applicant to show the need for such waiver or modification by applying the same standards as for a Variance under Title 18 of the Inyo County Code; A. Compliance with the requirements of the Fire Marshal regarding matters such as, but not limited to, fire flow, hydrant location and driveway widths. B. Each condominium unit shall be provided with; 1. Current parking requirements of Title 18. PAGE 29

32 2. Tandem parking is prohibited. 3. One R.V. parking space for each five (5) dwelling units. 4. No use shall be made of any parking area or access thereto, other than for the parking of vehicles. Such spaces shall be used for no other purpose at any time. The CC & R s shall contain such restrictions. C. All utilities shall be placed underground for all newly constructed condominium units. D. A single area having a minimum of 150 cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards within the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking. E. Adequate trash and garbage collection and pick-up areas shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall. F. Plumbing (gas and water) shut-off valves: Separate fullway shut-off valves shall be provided to each dwelling unit. G. Utility Meters: Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Each unit shall have access to its own meter(s) and heater(s) which shall not require entry through another unit. Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit. H. Common wall, floor-ceiling assemblies and attics shall be required to conform to the fire resistance and sound insulation performance criteria as required for new buildings. I. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be corrected and/or isolated to preclude such vibration and noise. J. Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls. PAGE 30